Kenedy, TX Estate Planning Law Firms & Lawyers

You can always sue anyone, anytime. The question is whether you have a valid claim against them. Just because you are his child does not mean that you are his beneficiary. If your father left a valid Will or trust leaving his assets to another, that is his choice, absent you being under the age of eighteen at the time of his death. This the first question is how old are you? If you are 18 or older then you need to determine if he left a valid Will or a trust. If he left either and you are not the named beneficiary, then you do not have a claim. If not, you may. You should speak to an attorney if you have any questions about your rights.

If the estate earns (not receives) over a certain amount, it will owe taxes.  In Texas an administrator is entitled to 5% of the amount the estate earns (not receives) and 5% of the amount the estate distributed.

If you, as the Administrator, are represented by an attorney then your attorney should properly advise you about your duties. If you feel like your attorney has not properly advised you, you should feel free to contact your attorney and express that you are feeling unsure about your duties and responsibilities as Administrator. If you are still not satisfied after speaking with your attorney, you might be well-served to consult with another attorney. Unfortunately, some attorneys advertise that they practice probate law, when the reality is that they do so very infrequently and are not as familiar with probate law as they should be. You should ensure that your probate attorney is experienced in probate law and that probate is a main practice area, not just an occasional practice area. If you are not represented by an attorney, you are responsible to understand your duties and responsibilities on your own. In Clark County, Nevada, the Court will not provide you with any documents or forms describing your duties. Title 12 of the Nevada Revised Statutes (Chapters 132-156) governs probate law and procedure in Nevada. You should review and become familiar with the requirements of these Chapters, though this may be a daunting task for a non-attorney. Accepting the position of Administrator requires you to perform your duties properly, whether you are represented by an attorney or not. If you fail to perform your duties properly, you could subject yourself to personal liability for any harm caused to the estate. Though it is possible to perform your role as Administrator without an attorney, you would be well-served to retain an experienced probate attorney who will help you understand your duties and responsibilities and will ensure that the probate administration is performed properly and quickly.